Legal Opinion

Byker v. Stanchina

District Court of Appeal of Florida

Decided February 4, 2005No. 5D03-4064Published

1Opinion of the Court

ON MOTION TO DISMISS

THOMPSON, J.

David Byker appeals an order denying his motion to require the transfer of funds from an account held by appellee Warren J. Stanchina (“Stanchina”) and his wife. We dismiss the appeal because it is now moot.

In supplementary proceedings, Byker moved for a temporary injunction alleging that the trust, of which Stanchina was settlor and beneficiary, had been formed in anticipation of the litigation between the parties and that although an offshore company was trustee, Stanchina’s attorney controlled the trust. Byker alleged that the attorney had caused to be…

2Cases cited2 opinions

  1. Sabio v. RussellDistrict Court of Appeal of Florida · 1985
  2. St. Mary's Hospital, Inc. v. Bass ex rel. BassDistrict Court of Appeal of Florida · 1992

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